The Supreme Court referred to a larger bench to the question of whether minority educational institutions are completely exempt from the Law on Education Right (RTE), 2009. Photo Credit: Hind
On Monday (September 1, 2025), the Supreme Court referred to a larger bench to the question of whether minority educational institutions were completely exempt from the Law on Education Law (RTE), 2009.
The two -dimensional bench of Justices Dipankar Datta and Manmohan referred to a judgment based on the dose of civil appeals questioning school educational authorities of the faculty, which in minority institutions will clean up the teacher’s capability (TET).
The reference stems from concerns about the 2014 constitutional bench judgment in the case of Educational and Cultural Trust. In the case of the pentagonal bench, the constitutionality of § 12 para. C) of the Act on Education Right. The provision orders an educational institution to provide 25% reservation for children from disadvantaged groups and weaker sections at the initial level in order to support social integration into basic education.
However, the 2014 judgment concluded that Section 12 (1) (a). C) violated the minority nature of these institutions and affected their institutional autonomy. The constitution’s bench continued to completely eliminate minority institutions from the extent of the RTE law.
“Weakening the idea of inclusivity”
The justice Datta, writing for the bench, noted that the judgment on educational and cultural trusts “Praums” unknowingly threatened the very basis of universal primary education “.
“The exception of minority institutions by law RTE leads to fragmentation of the common vision of education and weakening the idea of inclusivity and versatility represented under Article 21a.
The judge wrote that the 2014 judgment led to abuse. “The status of minorities seems to have become a means of circumventing the mandate of the RTE law. According to our modest opinion, it opened a situation where more institutions tried to obtain a minority status to become autonomous,” said Datta.
Enclaves of privileges cannot be created at the cost of national developmental objectives, two judges said in its legacy.
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Published – 1 September 2025 9:52 is
